Terms of Service

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What is this?﻿

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of ChemiCloud's services implies agreement with these terms!﻿

Questions?﻿

Any questions regarding this agreement should be sent to ChemiCloud's sales department ( sales@chemicloud.com ) or asked in LiveChat prior to signing up for service.

Terms of Service

CCHosting, Inc (hereinafter referred to as "ChemiCloud") provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using ChemiCloud services.

Service Agreement

The ChemiCloud Service Agreement is a separate agreement between ChemiCloud and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using ChemiCloud's services. Contact our sales department for any clarifications.

The ChemiCloud Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using ChemiCloud's services. Contact our sales department for any clarifications.

The ChemiCloud Domain Registration Agreement is applicable for all domains registered by or transferred to ChemiCloud by a client. By registering or transferring a domain, client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.

Content

All services provided by ChemiCloud may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ChemiCloud from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any ChemiCloud server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to ChemiCloud servers or any other server on the Internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

Examples of non-acceptable content

a.) Pirated software

b.) Bulk Email related products

c.) Pornography

d.) Hacking/cracking related websites

e.) Warez and/or copyrighted MP3s

f.) Material illegal under United States of America law

g.) Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

ChemiCloud will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason.

Copyright Violations

ChemiCloud will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System Resource Usage

If ChemiCloud's system administration team determines that an account is utilizing an unacceptable amount of system resources, ChemiCloud may temporarily deactivate the account in question. If ChemiCloud's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a VPS or other hosting solution as recommended by ChemiCloud staff or locate a new provider. This only occurs in extreme cases; ChemiCloud will do all it can to assist customers prior to this scenario.

ChemiCloud will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Backups

ChemiCloud performs nightly backups of shared, reseller and WordPress servers; however, these backups are for ChemiCloud's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. ChemiCloud does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on ChemiCloud's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a ChemiCloud server or using a return email address that is maintained on a ChemiCloud server is STRICTLY prohibited. Using SPAM to advertise a site hosted on ChemiCloud's network also constitutes as a violation of this provision. ChemiCloud will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.

Support Abuse

At ChemiCloud, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.

Server Abuse

Any attempts to undermine or cause harm to a ChemiCloud server or customer of ChemiCloud is strictly prohibited.

ChemiCloud will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation. ChemiCloud will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Cancellation

Cancellations are processed by our Billing department; hours for Billing can be found here. To cancel an account, a cancellation request via Laboratory ( lab.chemicloud.com ) must be submitted. The following information is required when completing a cancellation request in Laboratory ( lab.chemicloud.com ):

a.) The primary domain name on the account

b.) Answer to your selected security question on file

c.) Confirmation that you have downloaded a backup of all necessary files

The above information is required for the protection of all customers to ensure only account owners are able to cancel accounts.

Payments and Billing

Unless otherwise provided, ChemiCloud will automatically bill your payment method on file. You expressly acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment methods on file for each Renewal Term, unless you terminate or cancel the Services prior to such charge as provided in this section. All fees are billed in United States Dollars (“USD”) and are subject to change with prior notice to you. We will provide you with at least seven (7) days’ notice of your renewal pricing before charging you on any annual or longer term plans.

ChemiCloud is only able to automatically collect payment from customers with credit cards stored on file. All other payment methods (e.g. PayPal one time payments) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their due date.

As a customer of ChemiCloud, it is your responsibility to ensure that all billing information on file with ChemiCloud is accurate and that any credit card or other automated payment methods on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. ChemiCloud screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. ChemiCloud has no liability for not providing Services, including third party services if your account fails the fraud screen.

Late Payments

Any account not paid in full by the end of the Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, ChemiCloud reserves the right to suspend your Services. ChemiCloud reserves the right to terminate Services thirty (30) days following suspension of Services for non-payment.

ChemiCloud is not responsible for any damages or losses (including of any data) as a result of suspension or termination for non-payment of your account. In addition, ChemiCloud reserves the right to refuse to reactivate your Services until any and all outstanding invoices have been paid in full.

Money Back Guarantee and Refund Policies

The 45 Day Money Back Guarantee applies to the following services only:

Shared Web Hosting

Reseller Hosting

WordPress Hosting

A 15 Day Money Back Guarantee applies to the following services only:

Managed VPS Hosting

The 15 or 45 Day Money Back Guarantee does not apply to nor are refunds available for the following services:

Domain Name Registrations/Transfers/Renewals

IP Addresses

Add-Ons

Note that the 15/45 day period ends exactly 15/45 days from the day on which account was originally activated (not the day the order was placed). It is not valid towards account renewals. The Money Back Guarantee is VOID if your account violates our Terms of Service, Service Agreement, or any of our policies in place. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, etc., are non-refundable.

Outside of the Money Back Guarantee, ChemiCloud has a no refund policy. However, on a case-by-case basis and at its sole discretion, ChemiCloud may award a pro-rated refund to a client.

Service credits issued to accounts are not eligible for a refund and will remain on the account for two (2) years after the last hosting account is canceled. If the service credit is not utilized within that time frame, said service credit is forfeited and You hereby agree to release ChemiCloud from all liability for use of such service credits.

30 Day Free Trial Policies

The 30 Day Free Trial applies to the following services only:

Web Hosting

WordPress Hosting

Reseller Hosting

This offer is valid for new customers only. Please note that valid payment information is required in order to legitimize the order. For verification purpose, our system will charge your credit card with $1. Once the order is active, we will automatically refund the $1 amount as a credit to your ChemiCloud account.

Unless otherwise specified, this promotion is valid only for the first month/invoice. Future invoices will be billable at regular contract term pricing. We only offer one free trial per person.

After your free trial ends, your account will renew for the billing term selected at sign up (monthly). If you wish to change your billing frequency, please contact us.

If you are not happy, you can cancel within 30 days and pay nothing at all. If you have any questions about this offer, please contact our Sales Department prior to placing your order.

Free Domain Name Policies

Customers that sign up for a ChemiCloud hosting plan and choosing 12, 24 or 36 months as the billing cycle will receive a complimentary one-year domain registration for free.

The Free Domain Name applies to the following domain extensions only:

.com

.net

.org

.biz

.info

.name

.eu

And the following hosting plan types:

Web Hosting

WordPress Hosting

Reseller Hosting

Cloud VPS

Note that this offer is valid for new domain name registrations only. Free domain name must be ordered during sign up (new customers only). If you cancel within the 30 Day Money Back Guarantee, you will be refunded 100% of your payment minus the current cost of the domain name registration. The domain name will be registered in client's name and contact information.

Unless otherwise specified, all promotions are only valid for the first term/invoice. Future invoices will be billable at regular contract term pricing. One free domain name per account. If you have any questions about this offer, please contact our Sales Department prior to placing your order.

Prohibited Persons (Countries, Regions, Entities, and Individuals)

Certain entities and individuals are prohibited from registering for and using our services pursuant to export and control laws and trade and economic sanctions imposed by the U.S. or other governments, as applicable. In particular, without limitation, the U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries or regions (each a "Sanctioned Country/Region") and certain individuals, organizations or entities, including without limitation, "Specially Designated Nationals" ("SDN") listed by OFAC. By using our services you represent and warrant that you are not located in a Sanctioned Country/Region or listed as an SDN. Unless otherwise provided with explicit written permission, ChemiCloud also does not register and prohibits the use of any of our services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country/Region.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within ChemiCloud's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

ChemiCloud reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.